Sanjay Raut challenges his conviction in defamation case filed by BJP leader's wife

Mumbai, Oct 24 (PTI) Shiv Sena (UBT) leader Sanjay Raut has moved a sessions court here challenging his conviction and 15-day jail sentence in a defamation case filed by BJP leader Kirit Somaiya's wife Medha Somaiya.
Judicial Magistrate (First Class) Aarti Kulkarni had on September 26 convicted Raut for an offence committed under Indian Penal Code (IPC) section 500 (defamation). The Rajya Sabha MP was sentenced to 15 days of jail term, and was asked to pay Rs 25,000 fine. The court, however, later suspended the sentence for 30 days, enabling him to challenge the order in the higher court.
His plea, challenging the magistrate's order, was listed for hearing in the sessions court on Thursday, but Raut did not appear before the court.
His lawyer, Manoj Pingale, told the court that Raut couldn't appear before the court as he was busy with the state assembly elections and pleaded that his bail be extended.
His lawyer told the court that Raut will remain present during the next hearing.
However, advocate Laxman Kanal, appearing for Somaiya, argued that bail cannot be extended in the absence of a convicted person.
After hearing both the sides, the court posted the matter for hearing on Friday.
In his revision application before the sessions court, the court said the magistrate's order was "bad in law and improper on facts and therefore the same is liable to be quashed and set aside".
Medha Somaiya claimed that Raut had made false allegations against her in the online edition of (Sena-UBT mouthpiece) 'Saamana'.
However, while confirming the allegations (in the court), she read a printed copy of the newspaper and only the edited version of the entire news, the MP's plea said.
In the entire news article, the applicant's name was not mentioned on the contrary, it added.
Further, Raut's plea said the magistrate concluded that the accused admitted his work and responsibility at daily 'Saamana'.
However, the Sena (UBT) leader claimed that he never admitted that the said news was edited, printed or published by him.
He only gives his opinion regarding the said news published in 'Saamana', the plea said.
Somaiya, in her complaint, filed in 2022, claimed that Raut had made baseless and completely defamatory allegations against her and her husband in the media, accusing them of being involved in a scam worth Rs 100 crore over the construction and maintenance of some public toilets under the jurisdiction of the Mira Bhayandar Municipal Corporation.
The statement was printed, published and circulated to the general public at large through electronic and print media. It was also viral on social media platforms and was read and heard by the public at large, it said.
"The statements made by the accused to the media are per se defamatory. The statements have been made to malign my character in the eyes of the general public," the complaint said.
The magistrate court while convicting him ruled that Medha Somaiya is a well-qualified and reputed personality, her image was shattered due to the defamation and "she has suffered mental agony".
The magistrate noted that Raut is an MP, therefore, "a high degree of responsibility" is cast upon him while expressing in front of the public.
"The accused made statements through the media against the complainant without due care and caution," it added.

(This story has not been edited by THE WEEK and is auto-generated from PTI)